6 Feb y 1808

Appeals

26 continued

the more simple the form in which a question can be presented to any judicatory, and especially to a judicatory of which a Jury form a part, unquestionably the better. In a quick example for a Jury to form an estimate of the timw[?] that on the score of compensation ought to be allowed, supposing the money paid on the very day of the wrong done. A Judge of the subordinate class who has nothing to do /whose functions are performed without communication/ with the Jury, is employed to tax costs: the same Judge might with equal propriety, and much less difficulty be employed to compute interest on damages.

27. Under the fee-gathering system So compleatly irreconcilable are the ends of justice with the ends of judicature, that after the exception made for the few instances in which in the chance /random/ [...?] process of compensation money under the name of damages avoided by inexperienced and uninstructed men without the aid /benefit/ of a simple[?] rule of instruction laid down /framed/ by authority for their assistance, the sum awarded happens instead of falling short of the mark is going beyond it, happens to hit it, it may with confidence and safety be affirmed, that an instance of adequate satisfaction made is without example in English practice. 28. The assertion might moreover be extended to the observance of the rule which /forbids/ forbids the suffering to man to profit by his vast[?] wrong, even it act[?] for the loss inflicted under the name of costs a check the force of which is in an[?] equal degree the [...?] of fashion, and bears no proportion to the end prevented out by that rule.